Drugs and Medical Device Attorney
MEDICAL DEVICE & PHARMACEUTICAL INJURY
A drugs and medical device attorney represents patients harmed by prescription drugs, over-the-counter medications, and defective medical devices. Reich & Binstock handles medical device and pharmaceutical litigation for clients nationwide from offices in Houston and San Francisco.
Our law firm offers free consultations and works on contingency. You don’t pay unless we win.
What a Dangerous Drugs Lawyer Does
A dangerous drugs lawyer starts by identifying the defect. The lawyer then traces the parties involved in the distribution from the manufacturer to the pharmacy, retains experts to determine causation, and names the right companies in the right court.
The defendant is the medical device or drug manufacturer, not your doctor. A medical malpractice claim against a provider asks whether a physician breached the standard of care. A pharmaceutical injury case asks whether the product itself was unsafe, and which entities should be held responsible.
Drug companies have the resources and business incentive to fight every claim with national counsel and experts. Our national pharmaceutical injury lawyers are adept at dealing with that complex science. They answer with expert testimony, internal documents, and adverse event data. This is broader product liability litigation applied to medicine, and it requires extensive experience with the science, regulations, and legal process.
The following examples show how our law firm evaluates numerous cases for pharmaceutical drugs and medical devices individually. Intake changes as each litigation moves through discovery, bellwether trials, and settlement.
Litigation Status
Currently Accepting New Claims
Emerging Claims Under Investigation
Closed To New Claims
The Judicial Panel on Multidistrict Litigation’s docket report updates each month.
Why Choose Reich & Binstock as Your Medical Device & Drug Injury Attorney
Universally recognized as one of the largest public health litigations in U.S. history. Dennis Reich famously served in leadership roles that helped secure this settlement.
Dennis Reich co-led the legal charge that produced the largest antitrust health care settlement ever recorded.
A pharmaceutical injury settlement for plaintiffs who developed weight gain and diabetes while taking an antidepressant.
As lead counsel, the firm certified a medical monitoring class for ten thousand residents.
National Multi-District Litigation (MDL) Leadership: Appointed by federal courts to steer massive national litigation, giving our clients a direct seat at the table against global manufacturers. See our prior published case results.
Dennis C. Reich and Robert J. Binstock are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and the firm is AV Preeminent rated. We accept drug and device claims nationwide, with no fee unless we win. Read what our clients say.
Call 713-622-7271When Pharmaceutical Companies Are Liable & How Our Pharmaceutical Injury Lawyers Prove It
Drug manufacturers are liable under three categories of defect: design, manufacturing, and failure to warn, with negligence often pleaded alongside. Deceptive marketing practices provide proof of what the company knew. Most claims plead more than one theory: design files, lack of proper testing, or regulatory correspondence.
Our pharmaceutical injury lawyers have a decades-long reputation for holding pharmaceutical companies accountable and securing the resources our clients deserve. If you’ve been harmed, contact our attorneys for a free consultation.
Design Defect
Design defects are products that aren’t safe even when made exactly as intended. This means the defective drugs cannot be fixed by better manufacturing.
Manufacturing Defect
Contamination, packaging failure, or supply chain errors affect specific lots rather than the whole product line.
Failure to Warn About Patient Safety Risks
The pharmaceutical product manufacturer knew or should have known about serious side effects and failed to adequately warn patients. Under the learned intermediary doctrine, in most states, the duty to warn runs to the medical provider, which is why prescription records matter. Being FDA-approved doesn’t automatically shield a brand-name drug manufacturer from failure-to-warn lawsuits.
Deceptive Marketing Practices
Marketing practices that push unsafe medications beyond the label are actionable: off-label detailing, minimized risk language, and paid opinion leaders.
Our dangerous drug and medical device lawyers use internal sales documents and promotional reviews to hold manufacturers and pharmaceutical companies responsible for promoting dangerous products.
Proving causation in deceptive marketing theories requires a level of scientific evidence that only experts can provide. Our pharmaceutical litigation attorneys retain experts to connect dangerous products to specific side effects.
Legal Action Against a Pharmaceutical Industry Defendant: Class Action Lawsuit, Mass Tort Litigation, or Individual Lawsuit
In mass tort litigation, each plaintiff keeps their own lawsuit, decides whether to settle, and has damages assessed for personal injuries. Mass tort cases are only combined for pretrial work and then returned for trial if they don’t resolve. A class action combines individuals into a single trial, with the same injuries and the same settlements.
| Multidistrict Litigation | Class Action | Individual Lawsuit |
|---|---|---|---|
Your claim | Individual | Merged | Individual |
Who decides to settle | Patient | Class representatives & the court | Patient |
Compensation | Patient’s injury severity | Formula share | Patient’s injury severity |
Typical use | Injury from a dangerous drug or product | Economic loss, refunds, mislabeling | Single-plaintiff or small-group harm |
Where it is heard | One transferee federal court for pretrial | One court | Your filing court |
While mass torts dominate this field, our firm handles class and antitrust litigation on the health insurance side, as well as the mass tort litigation we’re best known for.
Who Qualifies to File a Defective Drug or Medical Device Claim
Most claims turn on five factors:
- What you took or had implanted, and for how long
- The resulting injury
- When it was diagnosed
- Whether records document it
- Whether the filing deadline is still open
A pharmaceutical injury lawyer can usually screen these in one call. Eligible consumers or families generally meet these conditions:
- You can name the drug or device
- A medical record documents the injury
- The injury appeared during use or within a plausible window after
- You haven’t signed a release with the manufacturer
- For a death claim, you are an eligible family member or estate representative
A partial match can still be grounds for a pharmaceutical injury lawsuit. Pharmaceutical litigation dockets evolve over time, so a case declined last year may now qualify. That includes wrongful death claims where a loved one never filed.
Check Your Eligibility
See whether your drug or device is currently under review. This does not create an attorney-client relationship.
Compensation in a Pharmaceutical Injury Lawsuit
Compensation for cases involving dangerous drugs or medical devices is based on the patient’s medical records, medical history, lost wages, and expert life care planning. A pharmaceutical injury lawyer calculates current costs and projects future expenses. They pursue maximum compensation from all liable parties. Our drug injury attorneys fight to recover a range of damages, including:
- Past medical expenses and projected future care and assistive equipment
- Lost wages and future earning capacity
- Pain and suffering and physical impairment
- Emotional distress and loss of enjoyment of life
- Scarring and disfigurement
- Death case: funeral and burial expenses, loss of financial support, and loss of companionship
Global settlements cover thousands of patients at once, using a matrix that sorts cases by injury severity and proof. Clients aren’t bound by global settlements. Our pharmaceutical litigation attorneys explain the terms before making any decision. The same applies to toxic exposure claims where the harm is chemical rather than pharmaceutical.
Discovery Rule & Statute of Limitations For Cases Involving Dangerous Drugs or Medical Devices
In most states, the statute of limitations for filing a defective medical device or dangerous drug lawsuit begins when the injury is diagnosed or discovered. For most states, the statute of limitations is two years from the date of diagnosis.
Harmful side effects can take several months or even years to surface. The discovery rule turns on what a reasonable person would have discovered about their injury. People constantly misjudge those complexities, so early action is essential: speak with a defective medical device and drug injury lawyer quickly.
Answer the questions below for an estimated window. Only an attorney can confirm the deadline.
The state where you lived when diagnosed.
Wrongful death claims follow a separate deadline in every state.
Wrongful death periods run from the date of death, not the date of diagnosis, so this year drives the estimate.
This checker provides general information only. It is not legal advice & does not create an attorney-client relationship.
Evidence Our Pharmaceutical Lawyer Team Needs
You don’t need everything to call a pharmaceutical lawyer at our law firm. However, good documentation helps us evaluate your claim more thoroughly.
What Happens After You Contact Our Pharmaceutical Law Firm: The Legal Process
The first two steps of the legal process happen before you decide to move forward.
- Free case review: you describe the drug or device, the injury, and the timeline
- Records collection: the firm requests pharmacy, prescriber, hospital, and implant records
- Medical and scientific review: causation experts assess whether the product can be linked to the injury
- Forum decision: individual filing, MDL transfer, or state coordinated proceeding
- Filing and pretrial: discovery, plaintiff fact sheets, and case-specific expert work
- Resolution: individual settlement, a global settlement, or trial, with the decision yours
Reich & Binstock offers free consultations and works on a contingency basis. There is no upfront cost and the firm will advance case expenses. If there is no recovery, you do not pay those expenses.
Major Cases Our Pharmaceutical Litigation Attorney Team is Handling
Reich & Binstock reviews cases involving dangerous drugs in every class.
Our national dangerous drugs lawyers can fight to ensure pharmaceutical companies are held accountable for design, manufacturing, and warning failures, whether or not the Food and Drug Administration (FA) has issued a recall. A product still on the market can support product liability lawsuits for catastrophic injuries requiring lifetime care.
The legal process varies. Some are consolidated, while others proceed individually. For individual pharmaceutical injury cases, the unsafe medication must stand on its own prescription timeline, medical records, and expert testimony, so early development matters more than it does inside mature proceedings.
Our dangerous drugs lawyers evaluate these claims whether or not the medication is already the subject of a mass tort litigation.
Diabetes Medications & Weight Loss Drugs
Claims against pharmaceutical companies in this category have involved severe gastrointestinal injury, sudden vision loss, and other serious side effects. Most pharmaceutical drug lawsuits hinge on whether the drug manufacturer failed to warn doctors and patients about risks it knew or should have known.
Off-label prescribing is also a key legal factor in many of these prescription drug lawsuits.
In addition to Invokana injury claims, we’re taking on the following unsafe medications and the drug companies that brought them to market:
Compounded Drugs
When custom-mixed medications cause serious harm, our drug injury lawyers work to ensure pharmacies, outsourcing facilities, and medical professionals are held responsible. Because compounded drugs are not FDA-approved, contamination, incorrect dosing, and poor sterility can go undetected. A glutathione lawsuit is one example, along with patient safety issues involving compounded semaglutide, tirzepatide, and sterile injectables.
If you’ve been injured or lost a loved one, contact a compounded drug injury lawyer for a free consultation.
Over-the-Counter (OTC) Medications
OTC medications reach far more consumers than prescription drugs and are subject to the same design, manufacturing, and labeling requirements as other pharmaceutical products. Recent lawsuits involve contaminated products, benzene, acetaminophen labeling, and oral phenylephrine that didn’t work as intended. Without a prescription, the bottle is the only warning a patient receives.
Because OTC medications aren’t prescribed, proof depends on receipts, loyalty card history, lot numbers, and the packaging. If you suspect an over-the-counter product hurt you, contact an OTC medication injury lawyer for a free consultation.
Other Defective Drug Claims We Handle
Heartburn & Acid Reflux Medication Lawsuits
Heartburn and acid reflux medications are among the most widely used drugs in the country, taken daily by millions of people for years at a time, often without a prescription. When defective drugs carry hidden risks, long-term use can expose patients to serious harm. The type of pharmaceutical litigation has targeted proton pump inhibitors over alleged kidney damage, along with dangerous drug claims tied to NDMA contamination.
Hormonal Contraceptives & Therapies
Most claims in birth control litigation allege that pharmaceutical companies failed to warn about serious side effects and risks that lead to long-term health issues and potentially birth defects.
The Depo-Provera lawsuit is the most active example. Patients allege that long-term use causes a severe tumor. The Depo-Provera case is one of the fastest-growing pharmaceutical litigation dockets in the country.
Oncological Agent & Chemo Lawsuits
Cancer drugs operate with narrow safety margins, so pharmaceutical litigation usually turns on two questions: whether the drug manufacturer warned about a known risk or the prescribing doctor screened for the risk. Keytruda and Taxotere remain the leading examples.
Keytruda patients are targeting both pharmaceutical companies and physicians for failure to test genetic traits that make the prescription drug life-threatening.
Antiretrovirals & Antibiotics
Marketing practices that push unsafe medications beyond the label are actionable: off-label detailing, minimized risk language, and paid opinion leaders.
Our dangerous drug and medical device lawyers use internal sales documents and promotional reviews to hold manufacturers and pharmaceutical companies responsible for promoting dangerous products.
Proving causation in deceptive marketing theories requires a level of scientific evidence that only experts can provide. Our pharmaceutical litigation attorneys retain experts to connect dangerous products to specific side effects.
Immunologic & Biologic Therapies
The most notable examples of pharmaceutical litigation involving immunologic and biologic drugs are Dupixent lymphoma claims and Xeljanz cardiac and cancer claims. TNF-alpha inhibitors such as Humira, Enbrel, and Remicade carry FDA warnings about serious infections and cancers.
A pharmaceutical injury lawyer can help determine whether you qualify to pursue compensation.
Psychotropic & Neurological Medications
Generally, pharmaceutical litigation for psychotropic drugs alleges hormonal, metabolic, behavioral, and birth defect injuries. Antipsychotics like Invega are linked to male breast growth, the core allegation in Risperdal and risperidone claims.
Ongoing Zyprexa cases center on diabetes and weight gain, while Abilify claims allege compulsive actions. SSRIs such as Paxil, Zoloft, and Prozac face allegations of birth defects and newborn lung complications after use during pregnancy.
Neurological injury cases also extend beyond prescriptions: paraquat herbicide exposure is alleged to cause Parkinson’s disease and falls under the mass tort process.
A pharmaceutical injury lawyer can review your medication history and diagnosis to determine whether you’re able to seek compensation.
Hematologic & IV Therapies
With hematologic and intravenous therapies, side effects can develop quickly and lead to long-term health issues affecting the entire body.
IV therapy injuries can also result from how a prescription drug is administered. If a medical professional fails to monitor, injuries can support claims for IV infiltration and other administration errors.
Antinausea & Pregnancy Medication Lawsuits
Medications taken during pregnancy carry unique risks of harm to fetal development. When drug manufacturers fail to warn about those risks, children may be born with birth defects or lifelong conditions. The most common cases here include Zofran birth defect claims tied to off-label use for morning sickness, along with Tylenol lawsuits alleging that prenatal acetaminophen exposure is linked to autism and ADHD.
Pain Management Drug Lawsuits: Suboxone, Opioids, and Other Prescription Pain Medications
Our pharmaceutical injury lawyers review claims involving prescription drugs for pain management that caused harm that drug manufacturers failed to warn about, including Suboxone and Elmiron lawsuit cases.
Our law firm helped secure $2.75 billion in the Texas opioid litigation as counsel. We’re not currently accepting new opioid cases. However, our opioid litigation page remains because patients researching resources for addiction and overdose deaths deserve accurate information about where the pharmaceutical litigation stands.
Cases Our Defective Medical Device Lawyer Team Is Currently Handling
Like drug manufacturers, medical device manufacturers owe legal duties even after a product is FDA-approved or cleared. They continue to have a duty to warn once a problem surfaces. FDA recalls and warnings are typically evidence, not a prerequisite. This means our law firm can pursue product liability lawsuits against manufacturers while medical devices are still on the market.
The FDA’s medical device safety and recall notices often supply the first public acknowledgment of a failure.
Orthopedic Joint Implants
Major manufacturers facing joint implant litigation include DePuy, Stryker, and Zimmer Biomet.
Most claims involve metal-on-metal hip systems and modular designs. DePuy’s ASR hip, Stryker’s Rejuvenate and ABG II, and Zimmer Biomet’s M2a Magnum and Durom Cup have all been subject to recalls, market withdrawals, or mass tort litigation, making hip replacement lawsuits one of the largest segments of joint implant cases.
If you’ve suffered serious side effects, a defective medical device lawyer can help you hold the manufacturer responsible.
IVC Filters & Vascular Access Devices
IVC filter lawsuits against Cook Medical and C.R. Bard allege that retrievable filters fracture, migrate, perforate the vein, and resist removal. Implanted ports and catheters, including the Bard PowerPort and Groshong catheters, face similar claims of fracture, migration, and infection. A defective medical device attorney from our law firm will help secure the compensation you deserve.
Surgical Mesh Implants
Current hernia mesh claims target Covidien mesh and C.R. Bard/Becton Dickinson mesh. Atrium’s C-Qur mesh and Ethicon’s Physiomesh have also been the subject of mass tort litigation.
Transvaginal mesh and bladder slings used for pelvic organ prolapse and urinary incontinence have also drawn thousands of cases, and the FDA halted sales of transvaginal mesh for pelvic organ prolapse repair in 2019.
Mesh complications also arise in other areas. Off-label use to support breast tissue can lead to serious side effects and surgery. Titanium and resorbable mesh used in dental, oral, and craniofacial bone grafting can cause infection and graft failure.
If you’ve suffered serious complications after a surgical mesh implant, a defective medical device lawyer at our firm can help you hold the manufacturer accountable.
Endoscopes, Surgical Scopes, & Internal Warming Systems
Reusable surgical scopes have been tied to sepsis and infection outbreaks passed between patients. Pharmaceutical litigation currently involves Fujifilm, Pentax, and Olympus surgical scope lawsuit cases.
Forced-air warming systems such as the 3M Bair Hugger are alleged to circulate contaminated air into the sterile field. These cases center on deep joint infections following joint replacements. For defective medical device counsel, contact our attorneys.
Respiratory Care & Ventilation Devices
Product defects in CPAPs, BiPAPs, or ventilators can expose patients to harmful materials or kill them.
Ventilator manufacturers like Medtronic, Newport, and ResMed have had products recalled for power failures, alarm malfunctions, and software errors, while defects have been reported in Hamilton Medical & Baxter vents.
Currently, our pharmaceutical litigation attorneys are no longer accepting Philips CPAP cases.
Cardiac Management & Neurostimulation Devices
Product liability for faulty pacemakers, defibrillators, and spinal cord stimulators has historically involved lead fracture or software errors. Manufacturer Boston Scientific has faced recalls for both pacemakers and spinal cord stimulators.
Similar complaints involve Abbott’s Proclaim, Eterna, and Infinity systems, the Senza Omnia, and Medtronic’s Intellis and Vanta systems.
Birth Control & Gynecological Devices
There are numerous cases involving product defects for medical device-based contraceptives and other women’s health products. Recent IUD and contraceptive implant lawsuits include Nexplanon implant, Paragard copper IUD, and Mirena IUD lawsuits. In addition, sterilization implants face perforation allegations.
Infusion Pumps & Air Purification Systems
Nearly every major pharmaceutical product manufacturer developing infusion pumps has faced FDA recalls or safety notices, including Baxter’s Novum IQ, the BD Alaris system, Smiths Medical’s CADD-Solis, and the Ivenix LVP.
Air purifiers raise both injury and consumer fraud cases. Aroeve units were recalled for fire risk. Levoit, Alen, Honeywell, and Winix are targeted in class actions for deceptive marketing practices for HEPA products.
Our defective medical device lawyers brought the first nationwide class action for needlepoint bipolar ionization air scrubbers. The lawsuit challenges the pharmaceutical product company’s marketing practices.
Pharmaceutical Damage Lawyer FAQ
Yes, you may still have a case even if the drug was never recalled.
- Recalls usually follow harm rather than prevent it
- A recall is evidence of a defect, not a legal prerequisite
Our drug injury lawyers handle many lawsuits involving products that are still on the market today.
No, an MDL consolidates individual lawsuits for pretrial procedures only.
- Each claim stays individual; it isn't merged into a class
- Plaintiffs individually decide whether to settle or not
- Compensation is determined by the plaintiff's injury and losses
If you've been harmed by a dangerous drug or medical device, you generally don't sue your doctor. The defendant is typically the product or drug manufacturer.
- Product liability rests with the company that designed, made, or labeled the product
- The learned intermediary doctrine is why prescriber records still matter, because the warning duty often runs to your doctor
- In some situations, you can also file a medical malpractice lawsuit against your doctor or surgeon
Nothing upfront. Every case is handled on a contingency basis.
- No fee unless there is a recovery
- Clients are not obligated to pay expenses if no recovery is made
- The consultation is free and carries no obligation
It depends on the state whose law governs your claim.
- Deadlines are set by state statute and vary widely
- A discovery rule often applies, but not everywhere
- The clock can start before you connect the injury to the product
Call before assuming the window is closed.
Yes. Reich & Binstock represents clients nationwide.
- Pharmaceutical and defective medical device claims are accepted from every state
- The firm maintains offices in Houston and Los Angeles, California
- MDL cases are litigated in the transferee court regardless of where you live
If a family member died from a dangerous drug or defective medical device, you may have two separate legal actions:
- Wrongful death: brought by eligible family members
- Survival action: brought by the estate and covers the decedent's own damages
- Deadlines for death claims often run from the date of death rather than the date of injury
Yes, if your case type isn't listed on this page, you should still contact Reich & Binstock for a free consultation. Lawsuits for new drugs and medical devices are filed regularly.
- Being early in a small docket can affect leverage and timing
- The firm regularly reviews cases that aren't in the categories listed here
Call 713-622-7271 or request a free review online.
Contact a Mass Tort Attorney For a Free Consultation
Reich & Binstock represents clients in cases involving dangerous drugs and medical devices nationwide from offices in Houston and San Francisco. Our skilled trial lawyers will discuss what you took or used, the injuries it caused, and whether you qualify for legal action.
We offer free consultations and work on a contingency-fee basis. You don’t pay unless we win.
Call 713-622-7271 to speak with a pharmaceutical injury lawyer today or start with a free case review online. Both reach the same intake team for defective drugs and medical devices.
There is never a fee unless we recover on your behalf.
Additionally, clients are not obligated to pay expenses if a recovery is not made.
